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Do I have your attention now?

Early next year, the Construction Workplace Misclassification Act goes into effect. Signed in October, 2010, this legislation provides criteria for classifying a person as an independent contractor (versus an employee) in the construction industry. If you operate a business in the construction industry, you need to get prepared. Otherwise, you may be looking at fines and jail time.

Learn more after the jump.

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Even without theNational Labor Relations Board may decide cases in a way that enhances the union’s ability to organize a workforce. The the Board may also place additional limits on employer speech rights and attempt to give union organizers access to an employer’s workplace.

But even without direct, on-site access to employees, unions have smartly taken advantage of social media and, as a result, have many new effective organizing tactics, as demonstrated in this YouTube video (after the jump)…
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Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Nearly a year later, the EEOC published the final GINA regulations.

How does this law affect employers? I’ll break it down for you after the jump.

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According to a report from the Bureau of National Affairs, more employees than ever are filing complaints with the United States Equal Employment Opportunity Commission.

The Equal Employment Opportunity Commission received a record 99,922 private sector discrimination charges in fiscal year 2010 but managed to keep its charge backlog almost unchanged at 86,338 pending charges, the commission reported today.

In its annual performance and accountability report, EEOC said that during the fiscal year ending on Sept. 30, 2010, discrimination charges filed reached their highest level in the agency’s 45-year history. EEOC’s previous record was 95,402 charges received in FY 2008 and in FY 2009, 93,277 private sector charges were filed with the agency.

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To answer your question, it depends. And in Pennsylvania, there are a lot of factors that a court will consider, based on a recent case decided by the Pennsylvania Superior Court. But, unlike many prior Pennsylvania decisions that deal with the enforceability of a non-competition agreement after an employee is fired, this recent decision focuses on a non-solicitation agreement.

Read on to find out whether the non-solicitation agreement that an employees signs with your company is still enforceable if you decide to end the employment relationship.
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The Patient Protection and Affordable Care Act , enacted earlier this year, amended the Fair Labor Standards Act (FLSA) to require a “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.” Employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” (Check out this fact sheet for more information)

It seems that one Iowa employer didn’t get the memo. Instead, it now has a potential lawsuit. Read all the messy details, after the jump…

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